Summary Trial

Section 260.
(1) Notwithstanding anything contained in this Code,-
 
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[(a) the Metropolitan Magistrate 2[***],
 
(b) 3[any 4[***] Magistrate] of the first class 5[***] , and
 
(c) any Bench of Magistrates invested with the powers of a Magistrate of the first class 6[***],
  
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[shall] try in a summary way all or any of the following offences:-
  
(a) offences not punishable with death, transportation or imprisonment for a term
exceeding 8[two years];

(b) offences relating to weights and measures under sections 264, 265 and 266 of the Penal
Code;
 
(c) Hurt, under section 323 of the same Code;
  
(d) theft, under section 379, 380 or 381 of the same Code, where the value of the property stolen
does not exceed 9[ten thousand taka];
 
(e) dishonest misappropriation of property under section 403 of the same Code, where the value
of the property misappropriated does not exceed 10[ten thousand taka];
  
(f) receiving or retaining stolen property under section 411 of the same Code, where the value of
such property does not exceed 11[ten thousand taka];
 
 
(g) assisting in the concealment or disposal of stolen property, under section 414 of the same
Code, where the value of such property does not exceed 12[ten thousand taka];
 
(h) mischief, under 13[sections 426 and 427] of the same Code;
 
(i) 14[criminal trespass, under section 447, and] house trespass, under section 448, and offences
under sections 451, 453, 454, 456 and 457 or the same Code;
 
(j) insult with intent to provoke a breach of the peace, under section 504, and criminal
intimidation, under section 506, 15[and offences under sections 509 and 510] of the same Code;
 
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[(jj) offence of bribery and personation at an election under sections 171E and 171F of the
same Code;]
 
(k) abetment of any of the foregoing offences;
 
(l) an attempt to commit any of the foregoing offences, when such attempt is an offence;
 
(m) offences under section 20 of the Cattle-trespass Act,1871: Provided that no case in which a
Magistrate exercises the special powers conferred by section 17[33A] shall be tried in a summary
way.
 
(2) [Omitted by section 22 of the Code of Criminal Procedure (Second Amendment) Ordinance,
1982 (Ordinance No. XXIV of 1982).]

Power to invest Bench of Magistrates invested with less power

261. The Government may confer on any Bench of Magistrates invested with the powers of a
Magistrate of the second or third class power to try summarily all or any of the following
offences:-
 
(a) offences against the Penal Code, sections 277, 278, 279, 285, 286, 289, 290, 292, 293, 294,
323, 334, 336, 341, 352, 426, 447 and 504;
 
(b) offences against Municipal Acts, and the conservancy clauses of Police Acts which are
punishable only with fine or with imprisonment for a term not exceeding one month with or
without fine;
 
(c) abatement of any of the foregoing offences;
 
(d) an attempt to commit any of the foregoing offences, when such attempt is an offence.

Record in cases where is no appeal

263. In cases where no appeal lies, the Magistrate or Bench of Magistrates need not record the
evidence of the witnesses or frame a formal charge; but he or they shall enter in such form as the
Government may direct the following particulars:-
 
 
(a) the serial number;
 
 
(b) the date of the commission of the offence;
 
 
(c) the date of the report or complaint;
 
 
(d) the name of the complainant ( if any);
 
 
(e) the name, parentage and residence of the accused;
 
 
(f) the offence complained of and the offence (if any) proved, and in cases coming under clause
(d), clause (e), clause (f) or clause (g) of sub-section (1) of section 260 the value of the property
in respect of which the offence has been committed;
 
 
(g) the plea of the accused and his examination (if any);
 
 
(h) the finding, and, in the case of a conviction, a brief statement of the reasons therefor;
 
 
(i) the sentence or other final order; and
 
 
(j) the date on which the proceedings terminated.

Record in appealable cases

264.(1) In every case tried summarily by a Magistrate or Bench in which an appeal lies, such Magistrate
or Bench shall, before passing sentence, record judgment embodying the substance of the evidence and
also the particulars mentioned in section 263.
 
 
(2) Such judgment  [and memorandum of the substance of the evidence as required by section 355] shall
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be the only record in cases coming within this section.

Language of record and judgment

265.(1) Records made under section 263 and judgments recorded under section 264 shall be
written by the presiding officer, either in English or in the language of the Court, or, if the Court
to which such presiding officer is immediately sub-ordinate so directs, in such officer's mother-
tongue.

Bench may be authorised to employ clerk

(2) The Government may authorize any Bench of Magistrates empowered to try offences
summarily to prepare the aforesaid record or judgment by means of an officer appointed in this
behalf by the Court to which such Bench is immediately subordinate, and the record or judgment
so prepared shall be signed by each member of such Bench present taking part in the
proceedings.
 
 
(3) If no such authorization be given, the record prepared by a member of the Bench and signed
as aforesaid shall be the proper record.
 
(4) If the Bench differ in opinion, any dissentient member may write a separate judgment.